June 15 marks LGBTQIA+ Equal Pay Awareness Day. This day is an opportunity to spread awareness about wage gap data on LGBTQIA+ workers, as well as the general disparities that continue to affect the LGBTQIA+ communities.
LGBTQ+ workers are paid approximately 90 cents for every dollar that a typical worker earns. An even larger wage gap exists among LGBTQ+ people of color. Black LGBTQ+ workers are paid 80 cents for every dollar a typical worker earns, while Native American LGBTQ+ workers are paid 70 cents for every dollar a typical worker earns.
Wage gap disparities are even greater for transgender people. Transgender men are paid 70 cents for every dollar that a typical worker earns, and transgender women, who are affected by the wage gap most of all, are paid only 60 cents for every dollar that a typical worker earns.
Members of the LGBTQ+ communities are more likely to live in poverty compared to their straight, cisgender counterparts. While poverty rates differ among the LGBTQ+ communities, 22% of LGBTQ+ people live in poverty, while approximately 16% of cisgender straight people live in poverty. Poverty rates are even higher for LGBTQ+ people of color.
Deeply entrenched discriminatory practices against members of the LGBTQ+ communities are one of the large causes of these issues. More than one-third of LGBTQ+ workers have faced discrimination in the workplace, including barriers to being hired or retained as an employee. This discrimination negatively affects their psychological and economic well-being, which leads to disparities in poverty and mental illness.
What can be done?
After the U.S. Supreme Court’s decision in Bostock v. Clayton County, it is clear that sex discrimination under Title VII of the Civil Rights Act of 1964 also applies to an individual’s sexual orientation. Furthermore, the Pennsylvania Human Relations Commission released guidance in 2018 that provided a broader interpretation of the word “sex” to cover discrimination claims regarding sexual orientation and gender identity. However, much more can be done to protect the rights of LGBTQIA+ individuals, such as passing the Pennsylvania Fairness Act. The Pennsylvania Fairness Act would codify the PHRC’s guidance on LGBTQ+ discrimination by including that broad language in the Pennsylvania Human Relations Act.
Historically, there has been a lack of data surrounding the LGBTQIA+ communities, and therefore most studies have not provided a complete description of the disparities that exist in the LGBTQIA+ communities across the United States. For the first time, the 2020 U.S. Census provided an option for same-sex couples to mark down whether they were married or unmarried and living in the same household. However, the census continues to overlook members of the LGBTQIA+ communities who are not married or living with a partner. The census should include information regarding gender and sexual identity. This would provide the federal government with the ability to better allocate funding for beneficial services for the LGBTQIA+ communities.
The federal minimum wage, which has remained stagnant at $7.25 per hour since 2009—and is the minimum wage in Pennsylvania—affects equal pay in LGBTQIA+ communities. Approximately 1,450,000 LGBTQ+ workers would see an increase in their earnings by 2025 if the federal or state minimum wage is increased to $15 per hour. While a $15 minimum wage would benefit all workers, it would provide greater assistance to LGBTQ+ workers who are overrepresented in low-wage positions. An increased minimum wage would reduce the number of LGBTQ+ individuals who are living in poverty or face food insecurities.
63% of LGBTQ+ workers reported taking time off work to care for a friend or family member in 2020. However, only a small portion of states have expanded the definition for “family” under the Family and Medical Leave Act (FMLA) to provide unpaid leave for people other than immediate family members. In response to the COVID-19 pandemic, Congress passed the Families First Coronavirus Response Act, which temporarily permitted covered workers with paid sick leave to care for another person. The Act included a broad range of individuals who could be cared for, as do new paid leave laws in other states. Both FMLA expansion and paid leave programs would benefit LGBTQ+ communities.
In order for LGBTQIA+ workers to fully participate in the workforce, action must be taken against discrimination. Urge your state and federal representatives to take action and address these inequities by supporting these state and federal bills.
Pennsylvania Legislation
Equal Pay Bill: HB 821, HB 819, and SB 547) would amend PA’s Equal Pay Act to close loopholes in the Pennsylvania Equal Pay Act that permit sex discrimination in wages, and prohibit pay secrecy and reliance on prior pay to determine hire or wages. HB 821 also bans race discrimination in pay.
Raising the Minimum Wage: HB 345 and (SB 12) would immediately raise PA’s minimum wage to $12 per hour for all workers and increase the minimum wage each year until it reaches $15 per hour and One Fair Wage, after which cost-of-living increases would be made each year.
Family Care Act: HB 1200 and SB 580 would establish a Pennsylvania paid family and medical leave program. Workers would be required to provide a small payroll contribution from each paycheck into a fund that would provide paid leave to workers who meet eligibility requirements.
Fairness Act: HB 300 would amend PA’s Human Relations Act by prohibiting discrimination based on an individual’s sexual orientation, gender identity or expression in all places of public accommodation, employment, and housing.
These Bills Have Been Introduced in Congress
Equality Act: H.R.5 and S.393 would prohibit discrimination based on sex, sexual orientation, and gender identity in housing, education, employment, the jury system, and in places of public accommodation.
Raise the Wage Act: H.R.603 / S.53) – this act would incrementally raise the federal minimum wage to $15 per hour over a 5-year period and incrementally increase the tipped wage until it meets the minimum wage.
Paycheck Fairness Act (H.R.7/and S.205) will strengthen the Equal Pay Act by tightening the “factor other than sex” defense, limiting employer reliance on prior salary, and providing protection for employees to discuss pay, among other protections.
Family and Medical Insurance Leave (FAMILY) Act: H.R.804 and S.248 would establish a which would provide paid leave for employees who meet eligibility requirements.
Post written by Jackie Scoboria.
Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing and defending the rights of women, girls, and LGBTQ+ people in Pennsylvania and beyond. As a non-profit organization, we can not do this work without you. Please consider supporting our work.
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